Johnson v. Vuthrick

Decided December 1, 1855

Indiana Supreme Court · decided 1855-12-01

<p>Where the Court has given an erroneous instruction which is applicable to the issues, it will be presumed to have had an influence, unless the contrary is shown; but where the Court has refused an instruction, it will be presumed ■ to have been refused as being inapplicable to the evidence, unless the contrary appears.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1855-12-01

How this case has been cited

Cited by 6 later decisions — most recently May 1988

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This case falls precisely within that of Taber v. Hutson, 5 Ind. R. 322, and must be reversed.

¶2It is said that as the evidence is not upon the record, we can not say but that the judgment is right upon it, notwithstanding the verdict was found under the influence of an erroneous instruction. But the rule is, that where the Court gives an erroneous instruction, applicable to the issues, it will be presumed to have had an influence, unless the contrary be shown; but where the Court refuses an instruction, the contrary not being shown, it will be presumed to have been refused because not applicable to evidence given in the cause.

¶3The judgment is reversed with costs. Cause remanded, &c.